Lanier Bank & Trust Co. v. Nix

Blackburn, Judge.

Lanier Bank & Trust Company (Lanier Bank) appeals the trial court’s order dismissing its foreclosure confirmation proceeding. On appeal, Lanier Bank contends the trial court erred in finding that filing a confirmation petition with the clerk of court was insufficient to meet the mandates of OCGA § 44-14-161 (a).

OCGA § 44-14-161 (a) provides, “[w]hen any real estate is sold on foreclosure, without legal process, and under powers contained in security deeds, mortgages, or other lien contracts and at the sale the real estate does not bring the amount of the debt secured by the…